Driving under the influence of alcohol or other drugs is a serious crime. These criminal cases are handled so severely because intoxicated drivers have the potential to do a lot of harm to innocent bystanders. The consequences of a DUI conviction can greatly impact the rest of your life.

For professional assistance from NYC DUI lawyers who treat every case as if it were their own, contact Cohen Forman Barone at (212) 577-9314.


At Cohen Forman Barone, our New York City DUI attorneys are competent to create a solution that could save you thousands of dollars or significant jail time. Our NYC DUI lawyers are here to thoroughly review the details of your case and help you navigate the legal process.

DUI Penalties in New York State

In the state of New York, you can be charged for DUI if you operate a vehicle with a blood concentration of .08% or higher, even if your driving ability is not impaired. There are a variety of different consequences that could result from a DUI conviction.

First Offense DUI in New York

  • Jail time of 1 year
  • Fines between $500 to $1,000
  • License suspension for up to 6 months

Second Offense DUI in New York

  • Jail time of between 1 to 4 years
  • Fines between $1,000 to $5,000
  • License suspension for up to 1 year

Third Offense DUI in New York

  • Jail time of between 1 to 7 years
  • Fines between $2,000 to $10,000
  • Permanent license revocation

Other Potential Consequences May Include:

  • Mandatory alcohol teaching and prevention programs
  • Undergo treatment for alcohol abuse
  • Community service
  • Insurance cancellation or increased rates
  • Unavailability of certain jobs that require driving
  • Civil lawsuits from accident victims

Chemical Test Refusal in New York

It is important to know that when an individual is suspected of DUI, refusing to take a breathalyzer or blood test can result in immediate penalties.

The penalties for refusing to take an intoxication test include:

  • First offense: 1-year license suspension; 18 months for commercial drivers
  • Second offense: 18 month license suspension with prior refusal or DUI conviction in the past five years
  • Third offense: 18 month license suspension with prior refusal or DUI conviction in the past five years

If you have had two refusals, two DUI convictions, or one of each in the past four years, your license can be permanently revoked.

Aggravated Driving While Intoxicated in NYC: An aggravated DUI takes place when the driver has a blood alcohol content (BAC) of 0.18 or more.

Defenses Against DUI Charges in New York

Defending against DUI charges in New York involves a strategic approach that considers various factors to challenge the prosecution's case. Some common defenses against DUI charges include:

  • Improper Stop or Arrest: If law enforcement lacked reasonable suspicion to stop your vehicle or probable cause for the arrest, it can be a foundational defense. Any evidence obtained during an unlawful stop or arrest may be suppressed.
  • Faulty Field Sobriety Tests: Field sobriety tests are subjective and can be influenced by various factors. Challenging the accuracy and reliability of these tests is a common defense strategy.
  • Breathalyzer Inaccuracy: Breathalyzer results may be challenged based on issues with calibration, maintenance, or proper administration. An experienced attorney can scrutinize the technical aspects of the breath test to identify potential flaws.
  • Rising Blood Alcohol Content (BAC): The defense may argue that your BAC was still rising at the time of the traffic stop, meaning you were not over the legal limit while driving.
  • Medical Conditions: Certain medical conditions or medications can mimic the effects of alcohol impairment. Establishing a connection between a medical condition and observed symptoms can form a defense.

Navigating DUI charges in New York demands a thorough understanding of both legal and technical aspects. Consulting with an experienced NYC DUI defense attorney is crucial to building a strong defense tailored to the specific circumstances of your case.


An experienced DUI attorney will have worked with many individuals struggling with DUIs. When you hire our DUI attorneys in Queens, you are not only guaranteed a legal expert by your side, but you can rest assured that you will have a person next to you who truly cares about protecting your rights and your future. You will need all of the legal support and guidance that you can get during this challenging time.

Some ways that a DUI lawyer can help you include:

  • Thoroughly investigating your case
  • Gathering evidence that is important for protecting you and defending your case
  • Providing you with necessary legal advice
  • Being there to guide you through each step of the process
  • Representing you in court
  • Handling paperwork associated with your case
  • Negotiating for a favorable settlement on your behalf

If you were charged with a DUI it's critical that you hire an experienced NYC criminal defense lawyer as soon as possible who will help support and guide you. Contact us today to schedule a free initial consultation and to get started.

Contact us today to schedule a free consultation with one of our DUI lawyers, and to learn more about what we can do to help you.


How Cohen Forman Barone Can Help You

You should never assume that the result of your breath or blood test is accurate. There are many limitations in breathalyzer technology. Our NYC DUI attorneys are skilled in challenging the evidence that is brought against you. Let us help you fight your DUI charges to ensure the protection of your rights.

Let us start fighting for you as your New York City DUI attorneys. Call (212) 577-9314 now to set up an appointment.

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Cohen Forman Barone, LLP Cohen Forman Barone, LLP
  • New York City Office 950 Third Avenue, Eleventh Floor New York, NY 10022 212-577-9314
  • Long Island Office 228 East Main Street Patchouge, NY 11772 631-593-5355